Roderick v. Sanborn’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Whatever the early understanding, it is well settled now that whether a chattel has become a part of the realty is a mixed question of law and fact. . . . . It is now generally conceded that the old tests of physical character of annexation are discarded, and the modern trend of authority is adverse to any arbitrary or fixed rule by which it may be determined whether a chattel is or is not a fixture. . . . In order to meet the first of these conditions (annexation), it is not necessary that the chattel should be physically fastened to the realty at all times. There may be constructive, as well as actual, annexation. It was said in Farrar et al. v. Stackpole, 6 Greenl. (Me.) 154, 19 Am. Dec. 201 ; . . . ‘The civil law allows movable property to be made immovable by destination. Corresponding to this is the annexation by .intention of the recent common law. Where such annexation is allowed, it is sufficient that the owner intends to make the chattel a part of the realty. It is not necessary to use force. It is enough to exercise the will. If this is duly manifested, the article is dedicated to the realty, and its status as personalty has ceased. These two methods of annexation are sometimes called actual and constructive annexation.’ ””

   1 later decision quote this exact passage
   e.g. Doll v. Guthrie